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‘At the end, I felt as if I had run a marathon’
John, a patient diagnosed with a personality disorder, explains what it was like appearing before a mental health tribunal, and why it was important to have a solicitor who knew him well.
I had the same solicitor throughout. He had dealt with the criminal case when I was transferred [from prison to hospital]. He had spent a considerable amount of time going through my case, and he knew the panel and could tell me about them. This put me at my ease. The solicitor explained the law and visited often. I would have found it much harder if I didn’t know him so well, but he knew my case in and out, and he could discuss delicate issues. He gave me a good insight into what was going to happen and I had a good rapport.
The panel listened to me intently. They asked a lot of the questions I would have asked, and that put me at ease, but I did find it very stressful.
‘It is no good going in angry. You will lose. That also goes for the solicitor, too.’
At the end of [each] day’s hearing, I’d feel very anxious and unsettled, but I spoke to my solicitor and the staff and they reassured me. The panel also reassured me in a way that wasn’t demeaning. It was strange being addressed as ‘Mr X’. So I asked them to call me John. I found that more relaxing. The tribunal humanised the situation and I was very impressed. It is good to have a solicitor who could help you, but if you don’t put your cards on the table and you are not honest, you can get embroiled in things. If you have a solicitor who is a stranger, it can go against you. If the solicitor doesn’t know you well, how will the tribunal get the message?
What advice would he give a solicitor starting out in this area?
To listen. You have to be a good listener. You have to give the person the chance to start a paragraph; when they pause, don’t jump in. Maybe you can prompt them, but don’t put words into their mouths. It is no good going in angry. You will lose. That also goes for the solicitor, too. I was annoyed by some bits of the report and I scribbled a note to give to my solicitor, but I didn’t even get the chance because they picked it up even then. I was very grateful for that and I was pleasantly surprised. I was commended for being open, honest and transparent. My solicitor said that that would help. If you want help, don’t hold back, put your cards on the table. At the end, all the anger and emotion had gone and I felt like I had run a marathon.
Having to sit still and listen to a report being read out is embarrassing and off-putting. It makes you feel very small, and also is very personal. After the report was read out, knowing it is being discussed, you have to sit and listen and it is frustrating. You want to ask questions. I couldn’t have done it myself. I know I can write things down and get my point across, but then the pressure is on and it is so great you can’t think straight and you are more involved in the emotion than the facts. I lost sleep. I was very anxious on the day. Talking to my solicitor helped. I was aware of what was going to happen. Not being rushed on the tribunal is important. They didn’t use overbearing body language and there was eye contact. I don’t think there was a single time when I felt patronised. I think if I had lost, I would still have said they were professional because they were honest.
What difference would it have made if his solicitor hadn’t known him so well?
I would have been more anxious. I would have been talking over people. As it was, I was able to sit calmly, digest things. It made a big difference. I was able to address things properly and not start swearing. The solicitor told me: ‘Don’t get stressed; listen to what people say; pass me a note if you need to, and don’t be impatient.’ That advice was beneficial.
I think dress is important. I decided to put on a long-sleeved shirt and black trousers to show a sense of respect. I didn’t want to look as though I was just turning up. Every day I was in the same sort of dress with shiny shoes. The solicitor should talk to clients about it. If you go in with a hoodie, then that just gives the wrong message. The tribunal is going to say, ‘is he here because he wants to get out or does he really want to change?’ I am not the same person I was 30 years ago. I have done something about it and I wanted to be recognised, and I felt that the staff and tribunal have done that and shown some respect.
‘I lost sleep. I was very anxious on the day. Talking to my solicitor helped.’ This is an edited extract from the
Mental Health Tribunals Handbook, LAG, December 2014 by Sarah Johnston, Sophy Miles and Dr Claire Royston, Pb 978 1 903307 89 2, 452pp, £48. Order via 01235 465577;
direct.orders@marston.co.uk;
www.lag.org.uk/bookshop.aspx.